Resignation of Directors alone is insufficient - the Directors were responsible for all the actions of 1MDB. CEO alone cannot do anything without the approval and/or instructions of the Directors. Now, these Director's are responsible for the losses suffered by 1MDB, and for any 'illegal' actions of 1MDB.
Even if the CEO is a Director, it matters not because decisions are made by all Directors - not just one Director be he the CEO or the Managing Director or the Chairman of the Board of Directors. They have equal power...Now, if they did no 'wrong' - but just made bad decisions, then they may not be liable. But if they did wrong, then they are liable, and can also be sued by 1MDB and/or its owners. Was there a 'breach of trust''?
Directors are not mere 'seat warmers' or there for 'decoration' - they are given the responsibility (and/or trust) by the owners of the company to manage the running of the company. Go study the role and powers of the Board of Directors. [Now, one person that can overrule the decision of the Board of Directors is the owners of the company - well, if this happened, this will be reflected in the minutes.]
How much were we paying the 1MDB Directors every month? Were there additional allowances? Was it RM20,000 or was it RM1 million per person per month? It would be good that the government discloses this... [Of course, if the Director was a Ministry Representative, who usually is a public servant, he/she will just doing their job and will not have to be paid...]
Are we going to FREEZE THE ASSETS of these Directors? Maybe, we should also make sure they do not leave the country to escape the jurisdiction of our Courts. Maybe, we should prevent them disposing their assets...
Resignation ...or were they removed by the owners? Not very clear...looks like they were removed...Was this removal because the owners of 1MDB found that they had done 'wrong' and as such need to be removed? Hopefully, 1MDB owners do not issue any letters saving (or 'protecting') them from legal actions?
Malaysian government also needs to also consider whether these former 1MDB Directors, who sit as Directors in other government-owned entities or GLCs should also be removed as Directors in such entities - this would be logical...
Ordinary Malaysians may not have the required 'legal standing' to commence actions against these Directors personally, but 1MDB and the owners, and the Finance Ministry/Government of Malaysia certainly do...
We have seen in the past, even in the case of Malaysian Airlines, Directors have not been taken to task for their 'wrongdoings' when they were Directors...
Let us not take the same position in this case, or in any such cases involving government-owned companies or GLCs...
Directors, who saw 'wrong' being done - would have spoken out during the Meetings (we will be able to identify them from the Minutes.) They may have voted against some 'bad decision' - again, this would be seen in the Minutes.
They could have also personally brought these concerns to the owners... And, if they just could not anymore in good conscience tolerate the wrongdoings, they could have resigned on their own accord ... and not wait to be removed. Well, some of these factors may have a bearing on their liability...
People should understand the roles and responsibilities of being a Director in companies - and not just simply accept appointments as Directors as it is good for their 'resume' or just a means to get additional income and maybe even 'influence'...
In this 1MDB issue, it was Najib(the Prime Minister, Minister of Finance and Chairman of the Baord of Advisors), the BN government and maybe just the CEO who hav been taking most of the flak...but let us not forget, that these Directors are also responsible...
Let us not sweep this matter under the carpet... mere removal as Directors is insufficient 'punishment'...if they did wrong. The Directors too need to be accountable for their actions...
Now, we have removed the Directors, and maybe even the Advisors - but really, Prime Minister Najib also needs to remove now the Finance Minister.
We need a NEW Finance Minister, who will be able to be more 'independent' in looking into the 1MDB affairs now. The old Finance Minister, alas, would have been the one who appointed the Directors, the Advisors, ...and who was in charge of ensuring that 1MDB was doing no 'hanky panky'... so, no choice, let's have a new Finance Minister...Maybe, it should be someone who is not presently in the Cabinet? Well, it is all up to the Prime Minister...
If there is going to be a new Board of Directors, let us make sure that representatives of the relevant Ministries, i.e. public servants, are also appointed as some of the Directors. This will ensure better control and monitoring - for these reps will be also reporting directly to their respective Ministries. So, erroneous decisions and/or actions could come to notice sooner and be stopped before it is implemented.
For government owned companies, and GLCs, maybe we need a new law - an Act of Parliament, which will cover all aspects of operations, maybe also even remuneration or allowances of CEOs and Directors - it is absurd that some CEOs are being paid tens of thousands ringgit per day. As a guideline, they should not be paid more than the Prime Minister.
The Act should also provide for the Auditor General to be auditing these companies - for after all, these are companies owned by the Malaysian people vide the government.
The Act must also provide for accountability to Parliament - maybe even the obligation to report to Parliamentary Select Committee/s. Now, only after it is 'too late' do we get to know - it is thus better that there is some continuous monitoring by Parliament...by our 'wakil rakyat'(people's representatives)...
We have to learn from our mistakes, and do the needful now...
MoF Inc on 1MDB: Board of directors' resignation accepted, Arul still president
By Azura Abas - 4 May 2016 @ 4:25 PM
PUTRAJAYA: The Minister of Finance Incorporated (MoF Inc) today
announced its agreement to fully implement recommendations made on
1Malaysia Development Bhd (1MDB) in the Public Accounts Committee
report.
It said that MoF Inc, as the 100 per cent shareholder of 1MDB, made the
decision after a detailed study and due deliberation.
It said it has accepted the resignation of the 1MDB Board of Directors,
effective May 31, 2016.
"MoF Inc. will appoint new board members in due course, to reflect the
limited business profile of 1MDB," it said in a statement today.
It added Arul Kanda would remain in his role as 1MDB president until
further notice.
"He will continue to focus on his specific mandate to implement the
rationalisation plan, which will include resolution of the recent
contractual dispute with IPIC (International Petroleum Investment
Company)."
The detailed PAC Report recommendations, are as follows:
* Transfer of ownership of Bandar Malaysia Sdn. Bhd., TRX City Sdn.
Bhd., Air Itam lands and Pulau Indah land to MoF Inc;
* Dissolution of the 1MDB Board of Advisors, and,
* Removal of Article 117 and change of all references from “Prime
Minister” to “Minister of Finance”, in the 1MDB Memorandum and Articles
of Association. - New Straits Times, 4/5/2016
Malaysia dissolves 1MDB advisory board; takes over its assets
Malaysia's finance ministry said it also accepts the resignation of 1MDB's Board of Directors with a new board set to be appointed 'in due course'.
- Posted 04 May 2016 16:20
- Updated 04 May 2016 17:57
- PHOTOS
KUALA LUMPUR: Malaysia's finance ministry said on
Wednesday (May 4) it would dissolve the board of advisors at 1Malaysia
Development Berhad (1MDB) and take over its remaining assets, in an
apparent move to scale down a state fund whose scandals have rocked the
government.
Parliament's Public Accounts Committee (PAC) last month had called for the 1MDB advisory board, chaired by Prime Minister Najib Razak, to be abolished, after a probe into alleged graft and mismanagement at the fund, whose debt in January had totaled about 50 billion ringgit (US$12.5 billion).
The finance ministry, which is the sole shareholder of 1MDB, said in a statement it would also comply with the PAC's recommendation to remove Article 117 and change all references of "Prime Minister" to "Minister of Finance", in the fund's company articles. Najib is also the finance minister.
Article 117 requires the prime minister's written approval for all of 1MDB's financial commitments, including investments, and matters such as the appointment of the board of directors.
Ownership in 1MDB's subsidiaries and land assets in Bandar Malaysia Sdn Bhd, TRX City Sdn Bhd, Air Itam and Pulau Indah will be transferred to the Ministry of Finance Incorporated, the ministry said.
It did not say what happens to the debt linked to these assets.
In its report, the parliamentary committee had slammed the board of state fund 1MDB for being irresponsible and urged a probe into its former chief executive, but stopped short of implicating Najib.
The ministry also accepted the resignation of 1MDB's Board of Directors, who had collectively stepped down after the release of the report.
New board members would be appointed to reflect the limited business profile of 1MDB, it said.
However, 1MDB president Arul Kanda will remain in his role until further notice, according to the statement.
"(Arul) will continue to focus on his specific mandate to implement the rationalization plan, which will include resolution of the recent contractual dispute with IPIC (International Petroleum Investment Co)," the ministry said.
Last week, 1MDB did not meet its deadline to pay a US$50.3 million coupon on a US$1.75 billion bond following a stand-off with Abu Dhabi sovereign fund IPIC, triggering cross defaults on some of its other bonds.
Parliament's Public Accounts Committee (PAC) last month had called for the 1MDB advisory board, chaired by Prime Minister Najib Razak, to be abolished, after a probe into alleged graft and mismanagement at the fund, whose debt in January had totaled about 50 billion ringgit (US$12.5 billion).
The finance ministry, which is the sole shareholder of 1MDB, said in a statement it would also comply with the PAC's recommendation to remove Article 117 and change all references of "Prime Minister" to "Minister of Finance", in the fund's company articles. Najib is also the finance minister.
Article 117 requires the prime minister's written approval for all of 1MDB's financial commitments, including investments, and matters such as the appointment of the board of directors.
Ownership in 1MDB's subsidiaries and land assets in Bandar Malaysia Sdn Bhd, TRX City Sdn Bhd, Air Itam and Pulau Indah will be transferred to the Ministry of Finance Incorporated, the ministry said.
It did not say what happens to the debt linked to these assets.
In its report, the parliamentary committee had slammed the board of state fund 1MDB for being irresponsible and urged a probe into its former chief executive, but stopped short of implicating Najib.
The ministry also accepted the resignation of 1MDB's Board of Directors, who had collectively stepped down after the release of the report.
New board members would be appointed to reflect the limited business profile of 1MDB, it said.
However, 1MDB president Arul Kanda will remain in his role until further notice, according to the statement.
"(Arul) will continue to focus on his specific mandate to implement the rationalization plan, which will include resolution of the recent contractual dispute with IPIC (International Petroleum Investment Co)," the ministry said.
Last week, 1MDB did not meet its deadline to pay a US$50.3 million coupon on a US$1.75 billion bond following a stand-off with Abu Dhabi sovereign fund IPIC, triggering cross defaults on some of its other bonds.
- Reuters/yt/ec - Channel News Asia, 4/5/2016
President and Group Executive Director
Arul Kanda brings a wealth of experience in investment and senior management leadership roles.
He has extensive expertise in structured finance, corporate finance and restructuring across multiple markets including in Malaysia, the UK and the Middle East.
He joins 1MDB from Abu Dhabi Commercial Bank (ADCB), where he was Executive Vice-President and Head of Investment Banking, having previously worked in leadership positions at Barclays Capital and Credit Agricole.
He also served on the Board of RHB Investment Bank Berhad. Arul is a Board Member of Global Investment House (Kuwait) and Board Member/Investment Committee Member of the ADCB Macquarie Infrastructure Fund.
Arul is a UK-qualified Barrister, with an LLB from the London School of Economics and an LLM from University College London.
Datuk Shahrol has over 13 years of experience in IT Transformation, IT Integration, Service-Oriented Architecture and complex system implementations involving large government-linked entities, government agencies as well as local, regional and global financial institutions. He has led key projects in Malaysia, including a multi-year transformation programme at the Employees Provident Fund as well as planning and executing the merger of Sime Darby, Guthrie and Golden Hope to form Synergy Drive, the world's biggest plantation company. He was also the Executive Partner of Accenture and Managing Director of the Public Service Group of Accenture Malaysia Sdn Bhd.
Datuk Shahrol is currently PEMANDU’s Director of Oil, Gas & Energy and Financial Services’ National Key Economic Areas (NKEA), as well as handling the Government’s Role in Business Strategic Reform Initiative (SRI). He is also the President and Chief Executive Officer of Malaysia Petroleum Resources Corporation (MPRC), an agency to promote, catalyse and transform the oil and gas services and manufacturing sector to become stronger entities in the industry.
Datuk Shahrol was the founding Managing Director and Chief Executive Officer of 1MDB.
Datuk Shahrol graduated from Stanford University in the United States of America
Source: 1MDB Website
Board of Directors
YBHG TAN SRI DATO' SERI LODIN WOK KAMARUDDIN
Chairman
Tan Sri Dato’ Seri Lodin is the Chief Executive of Lembaga Tabung Angkatan Tentera (“LTAT”, Armed Forces Fund Board) since August 1982 and the Group Managing Director and Deputy Chairman of Boustead Holdings Berhad, one of Malaysia’s oldest diversified conglomerates, since 1 July 1991 and 3 March 2010.
Prior to joining LTAT in 1982, he was with Perbadanan Kemajuan Bukit Fraser (Fraser’s Hill Development Corporation) as its General Manager from 1973 to 1982.
Tan Sri Lodin has extensive experience in not only managing a provident fund but also in the establishment, restructuring and management of business interests ranging from plantation, property, pharmaceutical, heavy industries, trading and industrial and finance and investment.
Tan Sri Lodin is the Chairman of Boustead Heavy Industries Corporation Berhad, Pharmaniaga Berhad and 1Malaysia Development Berhad. He is also the Deputy Chairman of Affin Holdings Berhad, and sits on the Boards of Affin Bank Berhad, Affin Islamic Bank Berhad, Affin Investment Bank Berhad, AXA AFFIN Life Insurance Berhad, Boustead Petroleum Marketing Sdn Bhd, MHS Aviation Berhad, The University of Nottingham in Malaysia Sdn Bhd, FIDE Forum and the Minority Shareholder Watchdog Group.
Among the many awards Tan Sri Lodin received to-date include the Chevalier De La Legion D’Honneur from the French Government, the Malaysian Outstanding Entrepreneurship Award, the Degree of Doctor of Laws honoris causa from the University of Nottingham, United Kingdom, the UiTM Alumnus of The Year 2010 Award and The BrandLaureate Most Eminent Brand Icon Leadership Award 2012.
He graduated from the College of Business Administration, The University of Toledo, Toledo, Ohio, United States of America, with a Bachelor of Business Administration and Master of Business Administration in 1972 and 1973 respectively.
Tan Sri Dato’ Seri Lodin is the Chief Executive of Lembaga Tabung Angkatan Tentera (“LTAT”, Armed Forces Fund Board) since August 1982 and the Group Managing Director and Deputy Chairman of Boustead Holdings Berhad, one of Malaysia’s oldest diversified conglomerates, since 1 July 1991 and 3 March 2010.
Prior to joining LTAT in 1982, he was with Perbadanan Kemajuan Bukit Fraser (Fraser’s Hill Development Corporation) as its General Manager from 1973 to 1982.
Tan Sri Lodin has extensive experience in not only managing a provident fund but also in the establishment, restructuring and management of business interests ranging from plantation, property, pharmaceutical, heavy industries, trading and industrial and finance and investment.
Tan Sri Lodin is the Chairman of Boustead Heavy Industries Corporation Berhad, Pharmaniaga Berhad and 1Malaysia Development Berhad. He is also the Deputy Chairman of Affin Holdings Berhad, and sits on the Boards of Affin Bank Berhad, Affin Islamic Bank Berhad, Affin Investment Bank Berhad, AXA AFFIN Life Insurance Berhad, Boustead Petroleum Marketing Sdn Bhd, MHS Aviation Berhad, The University of Nottingham in Malaysia Sdn Bhd, FIDE Forum and the Minority Shareholder Watchdog Group.
Among the many awards Tan Sri Lodin received to-date include the Chevalier De La Legion D’Honneur from the French Government, the Malaysian Outstanding Entrepreneurship Award, the Degree of Doctor of Laws honoris causa from the University of Nottingham, United Kingdom, the UiTM Alumnus of The Year 2010 Award and The BrandLaureate Most Eminent Brand Icon Leadership Award 2012.
He graduated from the College of Business Administration, The University of Toledo, Toledo, Ohio, United States of America, with a Bachelor of Business Administration and Master of Business Administration in 1972 and 1973 respectively.
ARUL KANDA
President and Group Executive Director
Arul Kanda brings a wealth of experience in investment and senior management leadership roles.
He has extensive expertise in structured finance, corporate finance and restructuring across multiple markets including in Malaysia, the UK and the Middle East.
He joins 1MDB from Abu Dhabi Commercial Bank (ADCB), where he was Executive Vice-President and Head of Investment Banking, having previously worked in leadership positions at Barclays Capital and Credit Agricole.
He also served on the Board of RHB Investment Bank Berhad. Arul is a Board Member of Global Investment House (Kuwait) and Board Member/Investment Committee Member of the ADCB Macquarie Infrastructure Fund.
Arul is a UK-qualified Barrister, with an LLB from the London School of Economics and an LLM from University College London.
YBHG DATUK SHAHROL AZRAL IBRAHIM HALMI
Datuk Shahrol has over 13 years of experience in IT Transformation, IT Integration, Service-Oriented Architecture and complex system implementations involving large government-linked entities, government agencies as well as local, regional and global financial institutions. He has led key projects in Malaysia, including a multi-year transformation programme at the Employees Provident Fund as well as planning and executing the merger of Sime Darby, Guthrie and Golden Hope to form Synergy Drive, the world's biggest plantation company. He was also the Executive Partner of Accenture and Managing Director of the Public Service Group of Accenture Malaysia Sdn Bhd.
Datuk Shahrol is currently PEMANDU’s Director of Oil, Gas & Energy and Financial Services’ National Key Economic Areas (NKEA), as well as handling the Government’s Role in Business Strategic Reform Initiative (SRI). He is also the President and Chief Executive Officer of Malaysia Petroleum Resources Corporation (MPRC), an agency to promote, catalyse and transform the oil and gas services and manufacturing sector to become stronger entities in the industry.
Datuk Shahrol was the founding Managing Director and Chief Executive Officer of 1MDB.
Datuk Shahrol graduated from Stanford University in the United States of America
YBHG TAN SRI DATO’ PADUKA ISMEE ISMAIL
Tan
Sri Dato’ Paduka Ismee is the Group Managing Director and Chief
Executive Officer of Lembaga Tabung Haji, the national pilgrim fund
board.
He sits on the Board of TH Plantations Berhad, which is the investment arm of Tabung Haji involved in the cultivation of oil palm, including processing and marketing of crude palm oil and related products. Lembaga Tabung Haji is also involved in property development through its subsidiary, TH Properties Sdn Bhd.
Tan Sri Dato’ Paduka Ismee holds directorships in a number of public and private companies, including Bank Islam Malaysia Berhad, its parent company BIMB Holdings Berhad and Syarikat Takaful Malaysia Berhad.
He was previously the Chief Executive Officer of ECM Libra Securities and Director of ECM Libra Capital Sdn Bhd. He had served several organisations in various capacities, including as Senior General Manager of Finance, Lembaga Tabung Haji; Chief Accountant at the national asset management company, Pengurusan Danaharta Nasional Berhad; and General Manager, Business Development of Arab Malaysian Development Berhad. He also held various positions in Shell Malaysia Berhad.
He is a Fellow of the Chartered Institute of Management Accountants (UK) and a Member of the Malaysian Institute of Accountants.
He sits on the Board of TH Plantations Berhad, which is the investment arm of Tabung Haji involved in the cultivation of oil palm, including processing and marketing of crude palm oil and related products. Lembaga Tabung Haji is also involved in property development through its subsidiary, TH Properties Sdn Bhd.
Tan Sri Dato’ Paduka Ismee holds directorships in a number of public and private companies, including Bank Islam Malaysia Berhad, its parent company BIMB Holdings Berhad and Syarikat Takaful Malaysia Berhad.
He was previously the Chief Executive Officer of ECM Libra Securities and Director of ECM Libra Capital Sdn Bhd. He had served several organisations in various capacities, including as Senior General Manager of Finance, Lembaga Tabung Haji; Chief Accountant at the national asset management company, Pengurusan Danaharta Nasional Berhad; and General Manager, Business Development of Arab Malaysian Development Berhad. He also held various positions in Shell Malaysia Berhad.
He is a Fellow of the Chartered Institute of Management Accountants (UK) and a Member of the Malaysian Institute of Accountants.
YBHG TAN SRI DATO' ONG GIM HUAT
Tan
Sri Dato' Ong has 30 years of experience in the construction and real
estate business, including trading of building materials and hardware.
He sits on the Board of several other private limited companies,
including Southern Pipe Industry (M) Sdn Bhd, a subsidiary of Southern
Steel Berhad.
Tan Sri Dato' Ong is active in community services, serving as Vice President and Trustee of Lam Wah Ee Hospital, Penang, a charitable and non-profit organisation which runs the 500-bed hospital. He sits on the Board of Governors of several National Type Chinese Schools in Penang. Among others, he is the Vice Chairman of Union High and Primary Schools, Penang, the Assistant Secretary of Penang Chinese Girls High and Primary Schools, Assistant Treasurer of Chung Hwa High and Primary Schools and Honorary Patron of Chung Ling High School, Penang and Butterworth.
He is actively involved in promoting the local economy of Penang. He is the Past Chairman of Real Estate and Housing Developers Association, Penang Branch, and is a member of the Trustee of Master Builders and Building Materials Suppliers' Association, Penang. He was also a Vice-President of Penang Chinese Chamber of Commerce from 1994 to 1998.
Tan Sri Dato' Ong graduated with a Bachelor of Commerce (Hons) from University of Manitoba, Winnipeg, Canada in 1976.
Tan Sri Dato' Ong is active in community services, serving as Vice President and Trustee of Lam Wah Ee Hospital, Penang, a charitable and non-profit organisation which runs the 500-bed hospital. He sits on the Board of Governors of several National Type Chinese Schools in Penang. Among others, he is the Vice Chairman of Union High and Primary Schools, Penang, the Assistant Secretary of Penang Chinese Girls High and Primary Schools, Assistant Treasurer of Chung Hwa High and Primary Schools and Honorary Patron of Chung Ling High School, Penang and Butterworth.
He is actively involved in promoting the local economy of Penang. He is the Past Chairman of Real Estate and Housing Developers Association, Penang Branch, and is a member of the Trustee of Master Builders and Building Materials Suppliers' Association, Penang. He was also a Vice-President of Penang Chinese Chamber of Commerce from 1994 to 1998.
Tan Sri Dato' Ong graduated with a Bachelor of Commerce (Hons) from University of Manitoba, Winnipeg, Canada in 1976.
ASHVIN J.VALIRAM
Ashvin is the Executive Director of the Valiram Group, the region's leading luxury goods retailer and travel-retail specialist.
He was instrumental in transforming the Valiram Group from its traditional textiles business to luxury fashion, delivering cutting edge-retail concepts in the domestic and travel retail arena. His achievements include the opening of "first-to-market" brands and securing exclusive distributorship rights for iconic international brands across the region.
In late 1996, Ashvin’s innovation lead the group to break new ground in opening the world’s first retail store at an airport specialising in selling fabrics. Today, the Valiram Group has evolved into a growing retail conglomerate. The Group operates in 10 countries with 250 stores, representing 150 brands across Australia, China, Hong Kong, Indonesia, Macau, Malaysia, Philippines, Russia, Singapore and Thailand. The Valiram Group, with its headquarters in Malaysia, is one of the most prestigious specialist retailer in Southeast Asia.
Ashvin is an active member of the Entrepreneurs Organisation and has held the position of Vice-President of Duty Free Operators Association in Malaysia from 2003-2006.
He obtained a Bachelor of Science (BsBA) with double Majors in Finance and Accounting and a Minor in Economics from The American University, Washington D.C. He also attended the Monetary Economics & Business Strategy Summer Program at the Harvard Business School.
He was instrumental in transforming the Valiram Group from its traditional textiles business to luxury fashion, delivering cutting edge-retail concepts in the domestic and travel retail arena. His achievements include the opening of "first-to-market" brands and securing exclusive distributorship rights for iconic international brands across the region.
In late 1996, Ashvin’s innovation lead the group to break new ground in opening the world’s first retail store at an airport specialising in selling fabrics. Today, the Valiram Group has evolved into a growing retail conglomerate. The Group operates in 10 countries with 250 stores, representing 150 brands across Australia, China, Hong Kong, Indonesia, Macau, Malaysia, Philippines, Russia, Singapore and Thailand. The Valiram Group, with its headquarters in Malaysia, is one of the most prestigious specialist retailer in Southeast Asia.
Ashvin is an active member of the Entrepreneurs Organisation and has held the position of Vice-President of Duty Free Operators Association in Malaysia from 2003-2006.
He obtained a Bachelor of Science (BsBA) with double Majors in Finance and Accounting and a Minor in Economics from The American University, Washington D.C. He also attended the Monetary Economics & Business Strategy Summer Program at the Harvard Business School.
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